The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-27
LITIGATION FOB DAMAGES
Great Increase of Court Business Caused
by Suits of Injured Persons.
How Such Cases Are Often Worked Up-Effect
of the Superior Courts Rulings Relative
to Contributory Negligence.


of the Superior Courts Rulings Relative
to Contributory Negligence.
man with personal injuries where an irnpe-
cunious lawyer can get at him is very sure sooner
or later to figure as complainant in . damage
suit No matter how trivial his hurts may be
the lawyer generally succeeds in making him
believe that it is only necessary to ask for
good round sum from city, railroad, corporation.
or manufacturing company to secure it in settle
ment OF all demands for injuries inflicted This
class OF legislation has become q nuisance, for
one-half the cases are taken on contingent fees.
and it is estimated that about three-fourths Of
them have no merit whatever. But as it is the
inclination of 1.-THE average jury to return 3 YER
diet against corporations, irrespective OF law as
we'll as the facts the defendants very often sub
NIT to beirg mulcted on alleged compromise
rather than wait for twelve honest men to say
they shall pay double triple the sum. A jury
never takes into account the law governing con-
trbutory negligence. which says that
one who is in part responsible
for his own injury cannot recover
damages. When contributory negligence is .
strong point in the the defendant provides
for little more costs, goes to the Supreme
Court and has the verdict reversed. The we'll
known Mann suit against the Belt Railway
Company. after long and bitter contest, led to
the Superior Court establishing the rule OF con-
tributory negligence SO clearly that since then
litigation for damages has decreased. Mann
got a verdict for S.. 600, but the Supreme Court
reversed it and ordered a new trial. which re-
suited in a verdict for $4,000 against the COM
pany. Judge Taylor, following the line laid
down in the Supreme Conrt decision, set it
aside, because it was clearly shown that Mann
was to a great degree responsible for the acci-
dent
A leading lawyer said the other day, "the frst
disposition the part of any one who is hurt
is to find somebody to sue The would-b be COM
plainant is not over particular. He has the in
iuries and expects the lawyer to find the Law,
gather the evidence. manufacture it. If he can
not get it otherwise. and obtain q verdict for
few thousand dollars Suits Of this kind have
become crying evil and they no better than
black nail under the for of the law. Irresponsi
BILE attorneys work ur s.lch the plan Of
no cure. no pay. If a man, the employe of
wealthy corporation, is injured half-dozen
called attorneys will try to get him for a client,
and then the lying begins. 1t is always q feat
ure in complaints for damages to represent the
spine being incurably injured. That is apt
to bring larger amount than any other injury,
and, whether the spine is hurt or not. doctors
always be had to testify that it IS. In liti-
CATION there other than permanent in
juries and in making up the amount OF damages
q Jury considers this feature above everything
else 1t ie the element that enters into the sup
posed endless suffering, and consequently ver-
dict generally greater on this account than
when the suit is based upon the death of per-
son. Death ended the suffering, and there ID
nobody to consider but the widow and children.
If the widow is interesting and the children az
traetive an ingenious lawyer can work up dra-
matte scene that cannot fail to effect an increase
in tba of awarded"
'sAre responsible s.toraeys eyar imposed upon
by the representations of the ipjuredP was
asked.
"Yes. The father OF boy who bad been in
jured by locomotive, once came to ms with all
the details of what sppearssl 20 be q sure case.
The representations were shrewdly fabricated,
and had prepared the papers and was about to
file them when q chance remark by the boy led
ma to question him closely. cit was developed
that the little wretch was standing on the rail-
road track, and with daredevil spirit was run
ming the hazard of as short a distance possi-
BILE between him and the engine. 1t knocked
him into a cow-pit and broke his arm. threw
the case for the boy could not. by acy possible
showing of evidence, recover. The law was
decidedly against him. Some years ago
woman going to her home one evening In the
eastern part of the city, was injured by a fall.
She sought attorney. and he, with the law.
and she. with her statements, manufactured
case against the /. B. & w. Railroad Company.
She alleged that she fell where the tracks OK
that company cross the street on which she was
walking The company's employees. according
the tracks. left piles of it on the side
walk. She fell over this ice. When the
as far as the argument. the woman and her attor-
ney became frightened at the testimony OF the
defendant, which showed that she had gone after
a pitcher of beer, and, returning home, walked
on the track. She slipped an icy tie. broke
her pitcher and spilled the beer, but saved her
self from any hurts except a few trifing bruises.
was Isf ths e,x a,Sons
waiting to learn the verdict, which, OF course.
was against her,"
.'Do railroad employees succeed In establishing
their claims?"
s.Generaly on account Of the with which
juries influenced against interpretations. An
engineer to with long statements
about his being permanently injured in acci-
dent which he contributed TO bring about. He
was clipper and healthy, with sign of decay
about him. He looked strong enough to last
twenty y-fve OF thirty years but he said his
spine was affected. told him he could
not recover. He went to another
1n fo mpsess asssr tbsm with bhs his osabilisea
In two weeks he could move only on crutches,
In another two weeks he was bedfast, and when
the trial came on he bad to be carried into the
courtroom on a cot The jury looked upon
him as incurable. and gave him 50 000 He
does not need crutches now. nor is he bedfass-
He is prosperipe through his good health and
energy. Not long ago friend of De Burger.
the street driver who was murdered recent
ly, wanted to know if the family contd not re-
pany His idea was lat il the company had
had conductor on the car, in obedience to the
city ordinance. the murder would not have
occurred. As there was conductor the com
pany responsible for its drivers lfe De
Burgers friend has not yet found an attorney
TO take that view of the tragedy, but he is likely
TO do so, and after awhile q suit will probably
appear alleging that Colonel johnson ought to
have conductors to protect his drivers"
If there IS any merit in them a great many
suits compromised, the average payment by
a large corporation adeath claim being g, 600;
and for injuries the sums paid from $500 to
ST.. 900. There was large amount of liti-
CATION against railroads for stock killed. the ar
imals DESTROYED being always the best cows in
the herd. Claims agents for the companies and
the miles and miles of fences along the tracks
have very materially diminished the snits. The
agent and stock-ownsrs generally reach q COM
promise. If not and the case goes to court, the
agent is effective in getting evidence and pre-
pairing the company's defense. Many damage